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511 So. 2d 676

511 So.2d 676

12 Fla.L.Weekly 1916

Hall v. State

District Court of Appeal of Florida · decided 1987-08-07

Cited by 3 later decisions — most recently April 1991

3 state decisions

Relies on 493 So. 2d 489 - Toler v. State · 507 So. 2d 168 - In the Interest of C.A.Y.

Good law ✅— No negative treatment on recordhow we know

Decided 1987-08-07

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ZEHMER, Judge.

¶1This is an appeal from a denial of post-conviction relief without an evidentiary hearing. Because appellant’s allegations were sufficient to merit an evidentiary hearing, this court sought to learn the state’s position. On May 26, 1987, the court entered the following order:

Pursuant to Florida Rule of Appellate Procedure 9.140(g), the court requests the attorney general to file herein, on behalf of the state, a brief in response to appellant’s appeal from the lower court’s denial of the rule 3.850 motion. See Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986). Such brief shall be filed within (20) days from the date of this order.

¶2On June 17,1987, the state was granted, at its request, an additional fifteen days with*677in which to respond. To date no response has been filed.

¶3We find that Hall’s allegations are facially sufficient. Therefore, we reverse and remand with instructions to reconsider appellant’s 3.850 motion and to attach those portions of the file and record which conclusively show that appellant is entitled to no relief or, alternatively, to grant an evi-dentiary hearing. Mills v. State, 507 So.2d 168 (Fla. 4th DCA 1987).

JOANOS and WIGGINTON, JJ., concur.
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